John Houlihan is Co-Chair of Locke Lord LLP’s Banking and Financial Institutions Litigation Practice Group and represents banks, insurance companies, and leasing companies in courts and arbitration proceedings across the United States.
Elizabeth Tosaris is a partner in Locke Lord LLP’s Insurance Regulatory practice group and a leading regulatory and transactional lawyer. Recognized in Chambers USA 2015 for Insurance: Transactional and Regulatory, Elizabeth regularly assists insurers and other regulated entities on achieving compliance with insurance statutes and regulations.
“How indirect discrimination claims will change underwriting practices”
John and Elizabeth will address:
- Challenges to traditional underwriting criteria – indirect discrimination claims
- The US experience – the recent ‘disparate impact’ cases
- Developments in the UK, Europe and elsewhere
- Regulatory responses
- What should underwriters do?
Maria Gawne is an Assistant Legal Director in the Consumer lawyers’ team at the CMA. She is a qualified barrister and after working at the Bar in general practice for several years she has worked on consumer matters at the CMA and the Office of Fair Trading before that for over 12 years in total. During that time she has worked on many regulatory and policy matters relating to unfair terms including the first UK higher courts decision on unfair terms, the 2001 House of Lords judgment in Director General of Fair Trading v First National Bank. Recently she has worked with policy and legal colleagues on the OFT and CMA’s contributions to BIS on its enactment of part 1 of the Consumer Rights Act (supply of goods and services and blacklisted exclusion clauses) and BIS’s implementation of the Consumer Rights Directive, and was a member of the legal team contributing on parts of the recently published CMA guidance on Unfair Contract Terms.
Andrew Hadley is a Policy Advisor at the CMA, and is currently the Policy Lead on Unfair Contract Terms. His academic background is in medieval history and philosophy. He has worked at the CMA and its predecessor OFT since 2001, largely on the UK implementation, enforcement and Guidance of European Consumer Protection Directives including the UCPD and the UTD. He led the UK and CMA’s involvement in the second and third years of a European Unfair Terms Strategy project between enforcement agencies in 2014-15. In 2015 he was the project manager and editor of the CMA’s revised suite of Guidance on Unfair Contract Terms and has since been working on various related compliance, enforcement and policy projects.
Andrew and Maria will address:
• An overview of the law on unfair contract terms as updated by the Consumer Rights Act 2015
• Analysis of the key legal concepts
• Some thoughts about the implications of recent ECJ cases and changes introduced by the Consumer Rights Act
• Relationship with other new law: Consumer Contracts (Information, Cancellation and
• Additional Charges) Regulations 2013
• Some potential areas of specific interest to the insurance sector
• A chance to discuss and ask questions
BILA are pleased to welcome David Hertzell, for his presentation on the Insurance Fraud Taskforce Final Report, to include:
• Why was the Taskforce established?
• Who formed the Taskforce?
• What did they aim to achieve?
• Recommendations of the Final Report
• What next for the Insurance Fraud Taskforce?
ExCred26 – Insuring Export Credit & Political Risk| 16-17 March 2016, London
20% discount for BILA members – register here: http://www.iiribcfinance.com/FKW52988BILA quoting VIP Code FKW52988BILA to claim
At this year’s event, we are asking: Are we entering a new phase of the global financial crisis which began in 2008?
Deteriorating economic conditions across the emerging markets, fed by commodity price volatility, are producing a fragile environment for trade. Conversely, the highly liquid banking sector and an insurance market soft to the point of overcapacity, presents different challenges.
ExCred26 will gather the leading minds from across export finance and PRI to address where financing gaps remain, the risk appetite of participants and the impact on trade of geopolitical events across the globe.
BILA members are entitled to a 20% discount from the event – Register here today http://www.iiribcfinance.com/FKW52988BILA quoting VIP Code FKW52988BILA to claim.
Early bird offer ends 05 February 2016
Topic: “Market Conduct Oversight: A Role for the Legal Community?”
Topic: “To aggregate or to separate? Aggregating Professional Indemnity Claims after AIG Europe v. OC320301”
On Friday 20th October 2015 Professor Rob Merkin QC, will give his Annual Update on Insurance Law, to include:
• liability insurance: scope of insuring provision, notification of claims, product liability and aggregation
• property insurance: protective clauses, damage, reinstatement and indemnity
• burden of proof: who has to prove what, and can it be varied by agreement
• co-insurance clauses: effectiveness in preserving subrogation claims.
Hosted by the BILA Future Insurance Professional’s Group, in association with the Lloyd’s Market Association
A series of talks giving a unique opportunity to get a ‘client’s eye view’ of how the Industry works
Talk 4: “100 things we hate about Lawyers” – A client’s point of view…
Date & time: Wednesday 11th November – 9.00 a.m. – 10.00 a.m.
(Registration opens at 8.45 a.m.)
Open to trainees, paralegals and pupil barristers only.
Please register by email at firstname.lastname@example.org or online at the BILA website https://bila.org.uk/events/ soon to avoid disappointment.
Please note that places may be limited on a per-firm basis.
On Friday 16th October 2015 Jamie Smith QC, 4 New Square will give a talk on Continuity of Insurance Coverage under English Insurance Law
Insurable interest is the most recent topic of attention of the Law Commission team responsible for the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.
This “double-header” lecture will consider the case for and against abolition of the doctrine of insurable interest, with a particular focus on interests in life assurance.
As a topic, insurable interest continues to be discussed and (occasionally) litigated as new forms of insurance product (and new examples of the perverse incentives insurance can create) arise. Comparable jurisdictions (e.g. Australia) have largely abolished the requirement of an insurable interest without alarm.
Insurable interest may have a significant role to play in establishing the boundary between insurance and other risk-related contracts such as gambling and credit default swaps.